Terms of Use
1. General
(a) www.furnishd.com.au is a site operated by HomePal Technology Pty Ltd (ACN 627 330 214) (we, us, or our).
(b) This page, and any documents referred to in it, governs the terms of use under which you may make use of our goods, services and website www.furnishd.com.au (collectively referred to as the Site).
(c) The term you refers to the person or organisation accessing, using or relying upon the Site.
(d) By using, browsing or accessing the Site, you indicate that you have read, understood and accept these terms of use, together with our Privacy Policy, and that you agree to abide by them.
(e) We encourage you to:
(i) read these terms of use (Terms) before you start to use the Site; and
(ii) contact us by email at support@furnishd.com.au if you have any particular questions in relation to the use of the Site.
(f) If you do not agree to these Terms, you should not access or otherwise use the Site and the goods and services offered on, or via, the Site.
(g) We may vary the Terms at any time, which will be effective immediately upon posting to the Site. You should regularly check the Terms for updates. Using the Site after the updated Terms are posted to the Site constitutes your acceptance of the updated Terms.
2. Accessing the Site
(a) We will not be liable if for any reason the Site is unavailable (wholly or partly) at any time or for any period.
(b) Access to the Site is permitted on a temporary basis. We reserve the right to withdraw or amend the goods, services and content we provide on the Site without notice.
(c) From time to time, we may restrict access to some parts of the Site (wholly or partly).
(d) You are responsible for:
(i) making all arrangements necessary for you to have access to the Site;
(ii) for ensuring that all persons who access the Site through your internet connection, mobile device, or otherwise, are aware of these Terms, and that they comply with them; and
(iii) determining that the Site meets your personal needs and is suitable for the purposes for which it is accessed.
(e) When accessing and using the Site, you must not:
(i) attempt to undermine the security or integrity of:
(A) our computing systems or networks;
(B) a third party’s computing systems and networks where the Site is hosted;
(ii) use, or misuse, the Site in any way which may impair the:
(A) functionality of the Site, or other systems used in the course of delivering the Site;
(B) ability of any other user to use the Site;
(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access, or to the computer system on which the Site is hosted;
(iv) transmit, or input into the Site any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in violation of any law; or
(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer, any computer programs used to deliver the Site.
3. User account and password
(a) You do not need to register or login to the Site in order to view the content and information on the Site, but you will need to create an account with us (Account) to place orders for goods or services on the Site.
(b) Your Account will be operated by an email address and password (Password).
(c) You may change or reset your Password by selecting the ‘Lost Your Password?’ link in the login process.
(d) You, as the owner of the Account, are solely responsible for the activity conducted on the Account. At any time, we may request that you provide identification to verify your identity.
(e) In relation to your Account, you undertake to:
(i) not disclose your Password to any third party and take reasonable measures to prevent disclosure of your Password to any third parties;
(ii) notify us immediately of any unauthorised use of or other security breach related to our Account or Password;
(iii) provide only accurate, complete registration information, and update that information if it changes in order to keep it current, complete and accurate;
(iv) create only 1 account on the Site, and you will remain responsible for anything that happens through your Account; and
(v) not impersonate another account holder or provide false identity information to gain access to or use the Site.
4. Orders
(a) By submitting an order via the Site (Order), you are making an offer to purchase the goods or services on these Terms, such offer being irrevocable for a period of 7 days after receipt of your offer, unless otherwise agreed in writing by us.
(b) We will be deemed to have accepted your offer by taking any of the following actions before the period referred to in paragraph 4(a), or the date you revoke your offer:
(i) sending you written notice (by email or otherwise) of acceptance of your offer;
(ii) dispatching goods and services contained in your offer; or
(iii) sending you an invoice for the goods and services in your offer.
(c) You acknowledge and accept that we, at our discretion, reserve the right not to supply goods and services, for any reason (including where the goods or services are not, or cease to be, available, or there are account disputes or conditions placed on us by our suppliers). We have the right to refund the service fee if the project is not a suitable fit and no consultation was attended prior to checkout. Some goods displayed on, or via, the Site may be unavailable, out of stock or only offered for a limited time only. We make no representation as to the continued availability of such goods. We will not be liable to you for any loss or damage you suffer due to us not supplying goods and services, including pursuant to this paragraph.
5. Payments
(a) All goods and services are sold on a cash before delivery basis meaning that full payment must be received by us prior to dispatch of the goods and services, unless otherwise agreed in writing.
(b) If an invoice is not paid by the due date, we may, at our discretion, withhold further deliveries to you, without prejudice to any of our existing rights.
(c) Failure to pay an invoice by the due date shall be deemed a material breach of these Terms.
6. Prices and GST
(a) Unless otherwise stated, all prices quoted by us and on the Site are exclusive of GST.
(b) We reserve the right to change the prices of goods and services displayed via the Site at any time. In the event the price quoted is revised by us subsequent to us accepting an Order, you will have the right to cancel your Order.
(c) You will bear all liability for GST and shall not require us to pay any amount on account of GST. In addition, we will be entitled to recover from you any GST paid or payable by it in respect to the provision of the goods and services.
7. Your obligations
(a) Where you have engaged us to provide design services, your responsibilities and obligations include:
(i) providing written approvals and instructions promptly;
(ii) providing builder’s working drawings, and schedule of works in a form suitable for use by us; and
(iii) providing any other materials or information required for us to perform the services.
(b) You acknowledge and agree that:
(i) we will provide you with a mood board and a shopping list of goods to purchase;
(ii) revisions to the mood board are capped at 3 rounds;
(iii) if you fail to provide a substantive response within 14 days of delivery by us of the mood board, then the mood board is deemed to be approved by you;
(iv) our ability to perform the services is contingent upon the prompt performance of your obligations;
(v) any delays in the performance of your obligations, or variations to the services caused by you, may delay performance of the services and any such delay caused or contributed by you shall not constitute a breach of these Terms by us; and
(vi) all intellectual property rights created or developed by us in connection with the design services vest in us upon creation.
(c) We may by agreement, and subject to these Terms, purchase the goods on the shopping list on your behalf.
8. Risk
(a) All risk in goods, including the risk of damage to, or loss of, the goods (whether or not attached, fixed or incorporated into any other property), passes to you on Delivery (as defined in paragraph 9 below).
(b) You must insure the goods on or before Delivery.
9. Delivery
(a) Delivery of the goods is taken to occur at the time the goods are unloaded at the delivery address nominated on your Account, even if you are not present at the address (as applicable) (Delivery).
(b) We use a wide variety of suppliers who all use their own nominated delivery companies. Delivery is subject to the suppliers’ delivery policy and terms and conditions and we are not liable for any damage or loss caused by the delivery companies, including to your goods or property. If damage or loss does occur, any damage claims are to be made directly to the delivery company by you. We are conduit to the delivery service by those third parties to you and do not endorse them. Your use of those delivery companies is at your own risk.
(c) We may on occasion deliver goods to you. If so:
(i) all Orders and Deliveries are subject to our Delivery Policy;
(ii) there are a small number of remote Australian locations that we are unable to deliver to. If a you place an Order for Delivery to an unserviceable location, we will contact you and refund any amounts paid;
(iii) we are unable to deliver to PO Box or Locker addresses;
(iv) we do not provide international delivery options;
(v) you must take Delivery. In the event that you are unable, or refuse, to take Delivery of the goods as arranged then we will pass on any additional courier, storage or other charges that may apply based on new Delivery arrangements;
(vi) we may deliver the goods subject to an Order in separate consignments. Each consignment must be paid for in accordance with these Terms or as otherwise agreed;
(vii) any Delivery time or date given by us to you is an estimate only. You must still accept Delivery of the goods even if late and we will not be liable for any loss or damage incurred by you as a result of the Delivery being after the estimated Delivery time;
(viii) our failure to Deliver will not entitle either party to treat these Terms as repudiated; and
(ix) backorders will be shipped as soon as they are available.
10. Cancellation of Orders
(a) You will not be entitled to cancel the whole or part of the Order or to claim compensation by reason of:
(i) our failure to comply with the Delivery requirements;
(ii) minor variations to the goods, including as a result of changes to the manufacturing process or specifications of the goods, so long as the overall functionality of the goods is no less than those ordered by you.
(b) You will not have any right to cancel an Order for the supply of any of the following goods:
(i) the supply of goods:
(A) due to a change of mind;
(B) made to your specifications or clearly personalized;
(C) which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; and
(ii) the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.
11. Returns
(a) All returns are subject to our Returns Policy.
(b) You are fully responsible for the cost of returning and exchanging the goods.
(c) All goods returned must be unopened and in their original shipped condition, including all product packaging.
(d) Goods which appear to be worn, used or damaged after Delivery, or altered in any way, will not be eligible for an account credit or credit note.
12. Personal information
(a) Any personal information provided by you is processed by us in accordance with our Privacy Policy.
(b) By using the Site and providing personal information, you consent to such processing and you warrant that all information provided is true and accurate.
13. Site changes
(a) We may, but are under no obligation to, update the Site (wholly or partly) at any time. If the need arises, we may suspend or cease access to the Site, our social media pages or any websites linked to the profiles of third party providers.
(b) Any of the content or information provided on, or via the Site, our social media pages, or any websites linked to the profiles of third party providers may be out of date at any given time, and we are under no obligation to update it, unless required to do so by law.
14. Policies and guidelines
You shall comply with our policies and guidelines as applying from time to time.
15. Third party websites
(a) The Site may link to other websites, services, goods or resources on the Internet, and other websites, services, goods or resources may contain links to the Site. In this regard:
(i) these websites, services, goods or resources are not under our control and are not maintained by us.
(ii) we are not responsible for the content of those websites, resources, goods or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else).
(iii) we only provide links to third party websites, services, goods or resources for your information and convenience.
(b) Links, references or other connections to the websites, resources, goods or services mentioned in paragraph 15(a) do not imply any:
(i) endorsement of them; or
(ii) any association with their owners, operators or advertising material (as the context permits).
(c) Your linking to or from these sites, or use of, or reliance on, such websites, resources, goods or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites or third party suppliers that you visit or transact with.
16. Linking to our site
(a) You may link to our homepage, provided you obtain our prior written consent. You can request our consent by sending us an email at support@furnishd.com.au
(b) Your links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(c) You must not establish a link from any website that is not owned by you.
(d) The Site must not be framed on any other site, and you may not create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice
17. Intellectual property
(a) The following aspects of the Site and our social media pages are protected by copyright, trade mark and other intellectual property laws: information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features (collectively, IP Content).
(b) Without limiting the foregoing, we are the owner, or the licensee, of all intellectual property rights in the Site and the IP Content.
(c) Subject to paragraph 17(b), you may print off copies, and download extracts, of any pages from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
(d) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text.
(e) Any opinions, advice, statements, services, offers, or other information or content expressed or made available by visitors, users or third parties are those of the respective author, distributor or advertiser, and not us.
(f) You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Site, or any of our social media pages, for commercial purposes without obtaining an express licence to do so from us or our licensors.
(g) If you print off, copy or download any part of the Site or any of our social media pages in breach of these Terms:
(i) your right to use the Site and our social media pages will cease immediately; and
(ii) you must, at our discretion, return or destroy any copies of the materials you have made.
18. Disclaimers, limitation of liability and indemnity
(a) The IP Content displayed on or via the Site, our social media pages, any websites linked to the profiles of third party providers or any other links in relation to the goods or services contained therein are provided ’as is’ and without any guarantees, conditions or warranties as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose.
(b) It is your sole responsibility to determine that the Site meets your personal needs and is suitable for the purposes for which it is used.
(c) Best efforts are made to ensure accuracy of the information provided by us (whether on the Site or otherwise).
(d) To the full extent permitted by law, and without limiting the operation of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), we take no responsibility for:
(i) any errors and/or omissions advertised or published; and
(ii) any images, photos and/or descriptions of goods and services that differ from the actual goods and services.
(e) You acknowledge that descriptions and images (including lifestyle images) are for illustration, indicative or inspirational purposes only.
(f) The colours and characteristics of goods displayed or represented on, or via, the Site are as accurate and close to the actual colour and characteristic of the goods offered by us. However, the actual colour and characteristic of the good may differ from the Site, including because the depiction of colour is dependent on lighting and the qualities of your online device.
(g) All goods chosen are to be decided upon by you and it is your responsibility to check all measurements and specifications of goods before ordering. It is your responsibility to measure all access points and areas of the property (and surrounding areas) to confirm that all goods ordered will be able to be delivered to, and fit into, your property via the access points. Failure to do so may result in goods not being able to be delivered, or otherwise placed in the property, and we have no liability or responsibility in that regard.
(h) To the extent permitted by law, we, our directors, officers, affiliates, employees, partners and representatives, and third parties connected to us, hereby expressly exclude:
(i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(ii) any liability to you or any third person however arising (and whether arising under statute, in tort (for negligence or otherwise), breach of contract or otherwise, even if foreseeable) for:
(A) any loss of or damage to any property belonging to you or any third person, or personal injury or death to you or any third person;
(B) special, indirect or consequential loss or damage; or
(C) loss of income, revenue or profits, loss or interruption of business, loss of contracts, loss of anticipated savings, loss or corruption of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time, loss of opportunity or expectation loss, loss of production and for any other loss or damage of any kind, in any way connected with the Site, the goods or services, or in connection with the use, inability to use, or results of the use of the Site, any social medial pages and websites linked to it and any IP Content posted on, or via, the Site (or on, or via, our social media pages or any websites linked to the profiles of third party providers).
(i) Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions, or impose obligations on the supply of goods and services through or by means of the Site which cannot be excluded, restricted or modified except to a limited extent.
(j) If any such laws mentioned in paragraph 18(i) apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Australian Consumer Law, our liability is limited, and if any liability remains it will be limited to any one or more of the following in our discretion:
(i) in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
(ii) in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
(k) Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the price of the specific good or service giving rise to the claim, loss or damage, or USD$100 if you have not purchased anything.
(l) You agree to indemnify us, our directors, officers, affiliates, employees, partners and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, as a result of, or which is directly or indirectly related to:
(i) the use of the Site, our social media pages or any websites linked to the profiles of third party providers or any other goods or services accessed via, or associated with, the Site (or our social media pages or any websites linked to the profiles of third party providers);
(ii) a breach of these Terms; or
(iii) an infringement of any rights of another including privacy rights and intellectual property rights.
19. Customer support
We may provide you with customer support from time to time, at our sole discretion, provided that you submit your enquiries to support@furnishd.com.au
20. Viruses and hacking
(a) You must not:
(i) misuse the Site by knowingly introducing viruses, trojans, malware or other malicious or harmful material.
(ii) attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
(b) We will not be liable for any loss or damage caused by a virus, trojans, malware, system failures or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your:
(i) use of the Site;
(ii) downloading of any material or content posted on it, or on any website linked to it.
(c) We recommend that all Internet users always ensure they have up to date virus checking software installed.
21. Suspension and termination
(a) You agree that we may, at any time and at our discretion, with or without cause or any notice to you, terminate, suspend or block your access to:
(i) any Account or Password (whether chosen by you or allocated by us);
(ii) the Site (or our social media pages or any websites linked to the profiles of third party providers); and/or
(iii) any goods and services offered on, or via the Site, our social media pages, or any websites linked to the profiles of third party providers.
(b) Cause for such suspension or termination shall include:
(i) breaches or violations of:
(A) these Terms;
(B) our policies and guidelines (including our Privacy Policy); and
(C) any other agreements entered into between the parties;
(ii) requests by law enforcement or other government agencies;
(iii) discontinuance of the Site or any websites linked to the Site (or any part thereof); or
(iv) unexpected technical or security issues or problems.
(c) You agree that:
(i) all such suspensions or terminations shall be made at our discretion and
(ii) we shall not be liable to you or any third party for any such suspension or termination.
22. Force majeure
We shall not be responsible for any delay, suspension or failure to provide the Site (or any websites linked to the Site) arising out of any acts, events, omissions, accidents or circumstances outside of our reasonable control, including strikes, lock-outs or other industrial disputes, failure or breakdown of plant, machinery, software, hardware or communication network, act of God, natural disasters, pandemic, epidemic or other widespread threat to human health (including an outbreak or recurrence), sabotage, war or national emergency, riot, civil commotion, computer hacking, internet interruption or virus, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, explosion, flood, storm, default of hosting or data centre providers or other suppliers or sub-contractors, an act or omission of a third party and shortage of suppliers, equipment and materials.
23. General
23.1 No waiver
No waiver is effective unless it is expressly stated in writing by us to be a waiver. A waiver cannot be implied by conduct, delay or failure to act.
23.2 Severability
Any part of the Terms that is invalid, unlawful or unenforceable will be severed and the remaining parts will continue in force.
23.3 Entire agreement
The Terms (and all documents referred to in it) constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, negotiations, arrangements and agreements between them relating to the subject matter.
23.4 Assignment
We may assign or sublicense any of our rights or obligations under these Terms at any time.
23.5 No relationship
The Terms do not imply or create any relationship of agency, partnership, joint venture, employment or franchisor-franchisee between the parties.
23.6 Governing law and jurisdiction
The parties agree the Terms are governed by the laws of Victoria, Australia and submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Last updated: 16 April 2023
Privacy Policy
1. General
(a) This website (Site) is operated by HomePal Technology Pty Ltd (ACN 627 330 214) (we, us or our).
(b) Your privacy is important to us and we are committed to protecting your personal information in accordance with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (Privacy Act).
(c) This policy outlines how and when we collect, use, share and store your personal information and applies to all personal information we collect through:
(i) the Site; and
(ii) our products and services.
(d) By accessing or using the Site or any of our products or services, you indicate that you:
(i) have read and understood this policy; and
(ii) agree that your access to, or use of, the Site or any of our products or services indicates your consent to this policy.
(e) If you have any questions about this policy, you can contact us using these details:
Privacy Officer
support@furnishd.com.au
2. What personal information we collect
(a) Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information is true or recorded in a material form.
(a) We collect and use personal information from customers, authorised users or visitors of the Site, purchasers of our products or services, and any other individual who interacts with us.
(b) We collect and use different types of personal information depending on the type of dealing you have with us, which may include:
(i) your name, date of birth, address, phone number, fax number, email address and occupation;
(ii) information about the products or services you order or enquire about, including how the products or services are used;
(iii) your financial information (such as credit card and bank account details), method of payment and any additional information required for user authentication processes; and
(iv) any other information relating to you that you provide to us, including the information you provide by email or telephone, or through surveys, competition forms, at special events and other promotional activities.
(c) We do not collect your sensitive information (as defined by the Privacy Act).
3. Collection
3.1 Methods of collection
(a) We collect your personal information in several ways, including:
(i) through your use, or orders, of our products or services (and our records of these);
(ii) when you visit the Site or submit information through the Site, contact us, or complete any forms or documents for our products or services;
(iii) when you participate in our surveys, competitions, promotions, questionnaires or other promotional activities;
(iv) from third parties (which we discuss further in clause 4.2 of this policy); and
(v) from publicly available sources of information.
(b) The personal information we collect will track and enhance your use of the Site or our products or services, and assist us in providing a better service to you.
(c) We will only collect personal information that is necessary for one or more of our functions or for a purpose outlined in this policy or otherwise disclosed to you.
(d) By providing your personal information to us, you acknowledge that you are authorised to provide such information to us.
3.2 Collection from you
(a) When we collect personal information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.
(b) As a collection notice is specific to a particular collection of personal information, it will provide more specific information about our information-handling practices than this policy.
(c) This policy is subject to any specific provisions contained in our collection notices and the terms and conditions of any offers, products and services. We therefore encourage you to read those provisions carefully.
3.3 Collection from an authorised representative
(a) When we collect your personal information from your authorised representative, we will take reasonable steps to make sure you are aware of the collection.
(b) If you provide us with personal information about another individual (as their authorised representative), we rely on you to:
(i) inform them that you are providing their personal information to us; and
(ii) advise them that they can contact us for further information.
(c) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this policy, including that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to access that information, and who we are and how to contact us.
(d) Upon our request, you must also assist us with any requests by the individual to access or update the personal information you have collected from them and provided to us.
4. How we use your personal information
4.1 Purposes of use and disclosure
(a) We only use and disclose your personal information for the purposes for which it is collected.
(b) In particular, we use your personal information to:
(i) provide you with our products or services, or the Site;
(ii) improve, develop and manage our products, services and the Site;
(iii) operate, maintain, test and upgrade our systems; and
(iv) notify you of opportunities we think you might be interested in, including new product or service offerings.
(c) We may also use your personal information:
(i) to customise the advertising and content on our Site;
(ii) to provide information that we think may interest or benefit you, including information about the Site, offers, competitions, promotions, events and surveys;
(iii) to charge and bill you for our products and services;
(iv) to verify your identity;
(v) to conduct fraud, risk reduction and creditworthiness checks;
(vi) to perform research and analysis about our products, services and the Site;
(vii) to comply with regulatory or other legal requirements,
(viii) for any purpose to which you have consented; and
(ix) for any other purpose notified to you at the time of collection.
(d) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your personal information as part of the transaction, without your consent or notice to you.
4.2 Disclosure to third parties
(a) We may provide your personal information to:
(i) our employees, related entities, business partners, contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering our products, services or Site; and
(ii) third party service providers for the purpose of performing functions on our behalf, but those service providers may not process or use such information for any other purpose. Examples of these third-party service providers include, but are not limited to, marketing and analysis organisations (eg SendGrid, Adwords, Bing Ads, Twitter, Facebook, Pinterest, AppNexus, Taboola and Outbrain), financial and credit card institutions to process payments (eg Stripe and PayPal), hosting companies, web developers, internet service providers, customer service providers, customer support specialists, fulfilment companies, research and data analysis firms (eg Google Analytics, Firebase and Google Places), external business advisors (including auditors and lawyers) and our insurer,
(collectively, Authorised Affiliates).
(b) When we disclose your personal information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
(c) Our Authorised Affiliates may also provide us with personal information collected from you. If you disclose personal information to an Authorised Affiliate, we rely on you to provide the Authorised Affiliate with consent for us to collect, store, use and disclose your personal information.
(d) We may also disclose any personal information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
4.3 Overseas disclosure
(a) Our Authorised Affiliates may be located in or outside Australia.
(b) Before we disclose your personal information overseas, we will take reasonable steps to ensure that our overseas Authorised Affiliate:
(i) treats your personal information securely; and
(ii) complies with the relevant APPs.
(c) By accessing or using our products, services or Site, or providing your personal information to us, you explicitly and freely consent to the transfer of your personal information to our overseas Authorised Affiliates.
(d) If you do not wish to receive information from any of our Authorised Affiliates, please contact us.
4.4 Disclaimer
(a) We will not disclose your personal information to any third party (other than our Authorised Affiliates) without your written consent, unless:
(i) we are otherwise required by law;
(ii) we are permitted to under this policy; or
(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Site.
(b.) This policy only covers the use and disclosure of information we collect from you. The use of your personal information by any third party is governed by their privacy policies and is not within our control.
5. Storage and security
5.1 Protecting your personal information
(a) We take reasonable steps in the circumstances to keep your personal information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your personal information. We also use SSL (Secure Socket Layer) encryption when transmitting payment information.
(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your personal information.
(c) Wherever possible, we procure that Authorised Affiliates who have access to your personal information take reasonable steps to:
(i) protect and maintain the security of your personal information; and
(ii) comply with the relevant APPs when accessing and using your personal information.
5.2 No guarantee
(a) The transmission of information via the internet is not completely secure. While we do our best to protect your personal information, we cannot guarantee the security of any personal information transmitted through the Site.
(b) You provide your personal information to us at your own risk and we are not responsible for any unauthorised access to, and disclosure of, your personal information.
5.3 Destruction of personal information
We will destroy or de-identify personal information where it is no longer required, unless we are required or authorised by law to retain the information.
5.4 Suspected data security
(a) We have a comprehensive data breach notification policy and response plan (Response Plan), which outlines the steps our personnel are required to take in the event of a data breach. This allows us to identify and deal with a data breach quickly to mitigate any harm that may result.
(b) As part of the Response Plan, we will notify you as soon as practicable if we:
(i) discover or suspect that your personal information has been lost, accessed by, or disclosed to, any unauthorised person or in any unauthorised manner;
(ii) believe that you are likely to suffer serious harm as a result; and
(iii) are unable to prevent the likely risk of harm.
(c) If you would like more information about our Response Plan, please contact us.
6. Direct marketing
(a) We may use your personal information to send you information, including about our product and service offerings, where you have provided your consent (expressly or impliedly) for us to do so or we are permitted to do so by law.
(b) We may send this information to you via the communication channels specified at the time you provide your consent. These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying advertising on our Site.
(c) These communications may continue, even after you stop using our products or services.
(d) You can opt out of receiving these communications by:
(i) contacting us; or
(ii) using the unsubscribe function in the email or SMS.
7. Links to other sites from our Site
(a) Our Site may contain hyperlinks or banner advertising to or from third-party websites.
(b)We do not endorse any of these third parties, their products or services, or the content on these websites.
(c) These websites are not subject to our privacy standards, policies and procedures. Therefore, we recommend that you make your own enquires about their privacy practices.
(d) We are in no way responsible for the privacy practices or content of these third-party websites.
8. Cookies
(a) We may collect information when you access and use our Site by utilising features and technologies of your internet browser, including cookies, beacons, tags, scripts and similar technologies. A cookie is a piece of data that enables us to track and target your preferences.
(b) The type of information we collect may include statistical information, details of your operating system, location, your internet protocol (IP) address, the date and time of your visit, the pages you have accessed, the time spent on those pages, the links which you have clicked, the type of browser that you were using, unique device identifiers, and diagnostic data.
(c) We may use cookies, beacons, tags, scripts and similar technologies to:
(i) enable us to identify you as a return user and personalise and enhance your experience and use of our Site; and
(ii) help us improve our service to you when you access our Site and to ensure that our Site remain easy to use and navigate.
(d) Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or warn you before accepting cookies.
(e) If you reject our cookies or similar technologies, you may still use the Site but may only have limited functionality of the Site.
(f) We may also use your IP address to analyse trends, administer the Site and other websites we operate, track traffic patterns and gather demographic information.
(g) Your IP address and other personal information may be used for credit fraud protection and risk reduction.
9. Access
(a) We will use our reasonable endeavours to keep your personal information accurate, up-to-date and complete.
(b) You have the right to access any personal information we hold about you, subject to some exceptions provided by law.
(c) You can access, or request that we correct, your personal information by writing to us. We may require proof of identity.
(d) If we do not allow you to access any part of your personal information, we will tell you why in writing.
(e) We will not charge you for requesting access to your personal information but may charge you for our reasonable costs in supplying you with access to this information.
10. Consent
You acknowledge and agree that we, our Authorised Affiliates and each of their officers, employees, agents and contractors are permitted to collect, store, use and disclose your personal information in accordance with this policy and the Privacy Act.
11. Changes to the policy
(a) We may change this policy from time to time at our sole discretion.
(b) Any revised policy will be posted on our Site and effective from the time of posting.
(c) Your continued use of our products, services or the Site following the posting of any revised policy indicates your acceptance of the changes to the policy.
(d) You should regularly check and read the policy.
12. Further information
Further information about Australian privacy law is available from the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
13. Complaint
(a) If you have any issues about this policy or the way we handle your personal information, please contact us using the details below and provide full details of your complaint and any supporting documentation.
(b) At all times, privacy complaints:
(i) will be treated seriously;
(ii) will be dealt with promptly;
(iii) will be dealt with in a confidential manner; and
(iv) will not affect your existing obligations or your commercial arrangements with us.
(c) Our Privacy Officer will endeavour to:
(i) respond to you within 15 business days; and
(ii) investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.
Last updated: 16 April 2023
Delivery Policy
1. Where we deliver
(a) Furnishd. (or “We”, “Us”) delivers to most locations in Australia.
(b) The cost of delivery is calculated using the size and weight of your order and the postcode it is going to. This cost is shown during the checkout process and included in the total price of your order.
(c) There are a small number of remote Australian locations that we are unable to deliver to. If you place an Order for Delivery to an unserviceable location, we will contact you and refund any amounts paid.
(d) We are unable to deliver to PO Box or Locker addresses.
(e) We do not provide international delivery options.
2. Delivery times
(a) Delivery times may vary depending on the city of destination, the method of freight selected and stock availability.
(b) If you’re not at the delivery address or otherwise able to accept the deliver, at the time of delivery, small items (eg fragrances, cushions and throws) will be left in a safe spot at your property.
(c) Furniture deliveries will require a signature upon receipt. If you can’t be there and wish to give an Authority to Leave for the courier, please contact us on support@furnishd.com.au
(d) In order to meet their delivery schedules, for large furniture items the couriers will contact you to arrange a specific day for delivery. If the suggested delivery date is not suitable, please advise the courier to arrange an alternate date.
(e) Any delivery time or date given by us to you is an estimate only. You must still accept delivery of the goods even if late and we will not be liable for any loss or damage incurred by you, or anyone else, as a result of the delivery being after the estimated delivery time.
3. Risk in products
(a) Risk in the goods passes to you on delivery. We do not accept liability for any loss, theft or damage to the goods after delivery or the time when the goods are left at your property (as the context permits).
(b) You must take delivery. In the event that you are unable, or refuse, to take delivery of the goods as arranged then we will pass on any additional courier, storage or other charges that may apply, including those based on new delivery arrangements.
(c) To the maximum extent permitted by law, we shall not be liable to you or to any other person for any loss or damage that may be suffered, as a result of any act or omission, whether negligent or otherwise, by us, or the delivery agents or couriers, in relation to the loss or damage to any delivery item, parcel, good or otherwise, including:
(i) where it is left at the delivery address in any location as requested;
(ii) where it is left at a delivery address in a manner that is inconsistent with the delivery instructions; or
(iii) where it is not left at the delivery address, and requires re-delivery.
4. Delivery details
(a) It is important that you verify that your information is correct and accurate, including the delivery address. If the address provided is incorrect and the package is returned, you may be invoiced for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us.
(b) We also require a contact phone number, which may be used by the courier to arrange delivery.
(c) We reserve the right to pass on applicable charges to you if you provide incorrect or incomplete information, such as the address or contact number.
(d) We may deliver the goods in separate consignments.
5. Contact
In case you have any queries concerning our delivery policy do not hesitate to contact us at support@furnishd.com.au
Last updated: 16 April 2023
Return Policy
1. Background
Furnishd.(ACN 627 330 214) (Furnishd. or we) supplies various goods, including appliances, decorations, furniture and lighting and we want you to be completely satisfied with your purchase.
Furnishd will coordinate the distribution and delivery with the supplier of each of your selected items within the delivery time frame specified by your personal shopper at time of purchase.
We recommend you read our returns policy prior to making a purchase from Furnishd., so you are familiar with:
(a) our policy on refunds, returns and repairs; and
(b) your rights under the Australian Consumer Law (ACL).
2. Change of mind
Please choose carefully when you buy. We strongly recommend that you check the product’s details online or in person at our supplier’s showrooms, whichever is applicable to you, before purchasing the products. This is to ensure client and designer expectations are met, if you require a swatch/sample, please contact us. Any expectation discrepancies in colour, material or structure therefore become the responsibility of the purchaser, and in buying through us you agree to have checked the product or agree to these terms? At our discretion we may begin a customer concern application on your behalf, in this instance we will arrange the best outcome as our ability allows.
You do not automatically get an exchange or refund for simply changing your mind or making an incorrect purchase. We may, as per each supplier’s policy, decide to agree to this on a case-by-case basis. We will, to the best of our ability, suggest alternate options to address any concerns, however any associated costs remain the responsibility of the purchaser.
Return of any goods that are not damaged or faulty, including associated return shipping costs, remain the responsibility of the purchaser.
3. Delay in delivery of your products
We will not be liable for any delay in performing any of its obligations including where any delay is caused by suppliers beyond our reasonable control.
We will use reasonable endeavours to co-ordinate with our suppliers to meet the estimated delivery date.
4. Consumer Guarantees
Where the ACL applies, our goods come with guarantees that cannot be excluded under the ACL, which cannot be excluded, including guarantees that the products will be of acceptable quality (Consumer Guarantees).
You are entitled to a replacement or refund for a major failure (the product is unsafe) and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made.
5. Remedies available
All products sold by Furnishd. come with warranties provided by the manufacturers. We will arrange for the repair or replacement (at our discretion) of any defective parts of goods or defective goods directly purchased from us.
Many manufacturers have dedicated support centres designed specifically to deal with issues in relation to their products and may even provide in home support and advanced troubleshooting. You may therefore prefer to contact the manufacturer direct rather than Furnishd., although you are not obliged to do this.
If we elect to replace the defective goods, we will replace the goods with the same type of goods or a comparable or close equivalent, taking into account features, quality, specifications and availability of the goods.
If Furnishd. is unable to repair or replace the defective goods, we will provide you with credit for the value of the price paid for the goods, unless we are required to provide a refund under the ACL.
6. Conditions for claiming a refund
To claim a refund or a credit, the following additional conditions must be met:
(a) you must have installed the goods properly;
(b) you must have used, handled, installed, maintained and operated the goods in accordance with our instructions and, if applicable, the manufacturer’s instructions, in normal environmental conditions;
(c) you must provide us or our agent, at our request, with easy access to the goods and any fixtures used to operate them;
(d) you must be the original purchaser of the goods from us;
(e) you must provide proof of purchase of the goods (eg order number, receipt or invoice); (f) you must follow the claim procedure outlined in section 6 below; and
(g) the goods must not have been subject to accident, neglect, abuse, abnormal use or stress (such as operating the goods in environments in excess of recommended temperatures, excessive switching cycles and operating hours), misuse, acts of God, improper installation or storage, fire, vandalism or other force majeure event.
7. Claims procedure
You should follow the following steps to make a claim for refund or credit: (a) contact the Furnishd. customer support team on support@furnishd.com.au during business hours: 9 am to 5 pm, Monday to Friday.
(b) Provide original proof of purchase of the goods (eg order number, receipt or invoice); and
(c) provide complete details about the issues you are experiencing with the goods.
Furnishd. needs to be satisfied that the product is faulty, the cause of the fault and that the problem with the goods was not your fault.
Furnishd. reserves the right to have returned goods assessed within a reasonable timeframe by the manufacturer to determine this, including whether the goods are defective or simply require some form of basic troubleshooting. Where a product is damaged through misuse, accident or abnormal use, the ACL or any manufacturer’s warranty may not apply, and Furnishd. may choose not to provide a refund, exchange or repair (if applicable)
8. Limitations
Furnishd.’s returns policy does not cover the following:
(a) costs associated with return freight, transportation or delivery of the goods, unless expressly authorised by us at our discretion;
(b) costs associated with the installation and dismantling of the defective goods, or re-installation of the repaired or replaced goods;
(c) any damage to, or loss of, goods that occurs during transportation, installation, dismantling or re-installation of the goods;
(d) any physical damage to the goods that is not caused by us;
(e) damage to goods caused by misuse or negligence, whether accidental or intentional, including damage caused by failure to routinely maintain the goods;
(f) fair wear and tear, including but not limited to, rusting, corrosion or mould; and
(g) repairs carried out by repair agents that are not expressly authorised by us.
Despite the above, we may be required to pay some of the above costs under the ACL.
9. Contact us
For any questions about Furnishd.’s returns policy, please contact us on support@furnishd.com.au
Last updated: 16 April 2023
1. General
(a) www.furnishd.com.au is a site operated by HomePal Technology Pty Ltd (ACN 627 330 214) (we, us, or our).
(b) This page, and any documents referred to in it, governs the terms of use under which you may make use of our goods, services and website www.furnishd.com.au (collectively referred to as the Site).
(c) The term you refers to the person or organisation accessing, using or relying upon the Site.
(d) By using, browsing or accessing the Site, you indicate that you have read, understood and accept these terms of use, together with our Privacy Policy, and that you agree to abide by them.
(e) We encourage you to:
(i) read these terms of use (Terms) before you start to use the Site; and
(ii) contact us by email at support@furnishd.com.au if you have any particular questions in relation to the use of the Site.
(f) If you do not agree to these Terms, you should not access or otherwise use the Site and the goods and services offered on, or via, the Site.
(g) We may vary the Terms at any time, which will be effective immediately upon posting to the Site. You should regularly check the Terms for updates. Using the Site after the updated Terms are posted to the Site constitutes your acceptance of the updated Terms.
2. Accessing the Site
(a) We will not be liable if for any reason the Site is unavailable (wholly or partly) at any time or for any period.
(b) Access to the Site is permitted on a temporary basis. We reserve the right to withdraw or amend the goods, services and content we provide on the Site without notice.
(c) From time to time, we may restrict access to some parts of the Site (wholly or partly).
(d) You are responsible for:
(i) making all arrangements necessary for you to have access to the Site;
(ii) for ensuring that all persons who access the Site through your internet connection, mobile device, or otherwise, are aware of these Terms, and that they comply with them; and
(iii) determining that the Site meets your personal needs and is suitable for the purposes for which it is accessed.
(e) When accessing and using the Site, you must not:
(i) attempt to undermine the security or integrity of:
(A) our computing systems or networks;
(B) a third party’s computing systems and networks where the Site is hosted;
(ii) use, or misuse, the Site in any way which may impair the:
(A) functionality of the Site, or other systems used in the course of delivering the Site;
(B) ability of any other user to use the Site;
(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access, or to the computer system on which the Site is hosted;
(iv) transmit, or input into the Site any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in violation of any law; or
(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer, any computer programs used to deliver the Site.
3. User account and password
(a) You do not need to register or login to the Site in order to view the content and information on the Site, but you will need to create an account with us (Account) to place orders for goods or services on the Site.
(b) Your Account will be operated by an email address and password (Password).
(c) You may change or reset your Password by selecting the ‘Lost Your Password?’ link in the login process.
(d) You, as the owner of the Account, are solely responsible for the activity conducted on the Account. At any time, we may request that you provide identification to verify your identity.
(e) In relation to your Account, you undertake to:
(i) not disclose your Password to any third party and take reasonable measures to prevent disclosure of your Password to any third parties;
(ii) notify us immediately of any unauthorised use of or other security breach related to our Account or Password;
(iii) provide only accurate, complete registration information, and update that information if it changes in order to keep it current, complete and accurate;
(iv) create only 1 account on the Site, and you will remain responsible for anything that happens through your Account; and
(v) not impersonate another account holder or provide false identity information to gain access to or use the Site.
4. Orders
(a) By submitting an order via the Site (Order), you are making an offer to purchase the goods or services on these Terms, such offer being irrevocable for a period of 7 days after receipt of your offer, unless otherwise agreed in writing by us.
(b) We will be deemed to have accepted your offer by taking any of the following actions before the period referred to in paragraph 4(a), or the date you revoke your offer:
(i) sending you written notice (by email or otherwise) of acceptance of your offer;
(ii) dispatching goods and services contained in your offer; or
(iii) sending you an invoice for the goods and services in your offer.
(c) You acknowledge and accept that we, at our discretion, reserve the right not to supply goods and services, for any reason (including where the goods or services are not, or cease to be, available, or there are account disputes or conditions placed on us by our suppliers). We have the right to refund the service fee if the project is not a suitable fit and no consultation was attended prior to checkout. Some goods displayed on, or via, the Site may be unavailable, out of stock or only offered for a limited time only. We make no representation as to the continued availability of such goods. We will not be liable to you for any loss or damage you suffer due to us not supplying goods and services, including pursuant to this paragraph.
5. Payments
(a) All goods and services are sold on a cash before delivery basis meaning that full payment must be received by us prior to dispatch of the goods and services, unless otherwise agreed in writing.
(b) If an invoice is not paid by the due date, we may, at our discretion, withhold further deliveries to you, without prejudice to any of our existing rights.
(c) Failure to pay an invoice by the due date shall be deemed a material breach of these Terms.
6. Prices and GST
(a) Unless otherwise stated, all prices quoted by us and on the Site are exclusive of GST.
(b) We reserve the right to change the prices of goods and services displayed via the Site at any time. In the event the price quoted is revised by us subsequent to us accepting an Order, you will have the right to cancel your Order.
(c) You will bear all liability for GST and shall not require us to pay any amount on account of GST. In addition, we will be entitled to recover from you any GST paid or payable by it in respect to the provision of the goods and services.
7. Your obligations
(a) Where you have engaged us to provide design services, your responsibilities and obligations include:
(i) providing written approvals and instructions promptly;
(ii) providing builder’s working drawings, and schedule of works in a form suitable for use by us; and
(iii) providing any other materials or information required for us to perform the services.
(b) You acknowledge and agree that:
(i) we will provide you with a mood board and a shopping list of goods to purchase;
(ii) revisions to the mood board are capped at 3 rounds;
(iii) if you fail to provide a substantive response within 14 days of delivery by us of the mood board, then the mood board is deemed to be approved by you;
(iv) our ability to perform the services is contingent upon the prompt performance of your obligations;
(v) any delays in the performance of your obligations, or variations to the services caused by you, may delay performance of the services and any such delay caused or contributed by you shall not constitute a breach of these Terms by us; and
(vi) all intellectual property rights created or developed by us in connection with the design services vest in us upon creation.
(c) We may by agreement, and subject to these Terms, purchase the goods on the shopping list on your behalf.
8. Risk
(a) All risk in goods, including the risk of damage to, or loss of, the goods (whether or not attached, fixed or incorporated into any other property), passes to you on Delivery (as defined in paragraph 9 below).
(b) You must insure the goods on or before Delivery.
9. Delivery
(a) Delivery of the goods is taken to occur at the time the goods are unloaded at the delivery address nominated on your Account, even if you are not present at the address (as applicable) (Delivery).
(b) We use a wide variety of suppliers who all use their own nominated delivery companies. Delivery is subject to the suppliers’ delivery policy and terms and conditions and we are not liable for any damage or loss caused by the delivery companies, including to your goods or property. If damage or loss does occur, any damage claims are to be made directly to the delivery company by you. We are conduit to the delivery service by those third parties to you and do not endorse them. Your use of those delivery companies is at your own risk.
(c) We may on occasion deliver goods to you. If so:
(i) all Orders and Deliveries are subject to our Delivery Policy;
(ii) there are a small number of remote Australian locations that we are unable to deliver to. If a you place an Order for Delivery to an unserviceable location, we will contact you and refund any amounts paid;
(iii) we are unable to deliver to PO Box or Locker addresses;
(iv) we do not provide international delivery options;
(v) you must take Delivery. In the event that you are unable, or refuse, to take Delivery of the goods as arranged then we will pass on any additional courier, storage or other charges that may apply based on new Delivery arrangements;
(vi) we may deliver the goods subject to an Order in separate consignments. Each consignment must be paid for in accordance with these Terms or as otherwise agreed;
(vii) any Delivery time or date given by us to you is an estimate only. You must still accept Delivery of the goods even if late and we will not be liable for any loss or damage incurred by you as a result of the Delivery being after the estimated Delivery time;
(viii) our failure to Deliver will not entitle either party to treat these Terms as repudiated; and
(ix) backorders will be shipped as soon as they are available.
10. Cancellation of Orders
(a) You will not be entitled to cancel the whole or part of the Order or to claim compensation by reason of:
(i) our failure to comply with the Delivery requirements;
(ii) minor variations to the goods, including as a result of changes to the manufacturing process or specifications of the goods, so long as the overall functionality of the goods is no less than those ordered by you.
(b) You will not have any right to cancel an Order for the supply of any of the following goods:
(i) the supply of goods:
(A) due to a change of mind;
(B) made to your specifications or clearly personalized;
(C) which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; and
(ii) the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.
11. Returns
(a) All returns are subject to our Returns Policy.
(b) You are fully responsible for the cost of returning and exchanging the goods.
(c) All goods returned must be unopened and in their original shipped condition, including all product packaging.
(d) Goods which appear to be worn, used or damaged after Delivery, or altered in any way, will not be eligible for an account credit or credit note.
12. Personal information
(a) Any personal information provided by you is processed by us in accordance with our Privacy Policy.
(b) By using the Site and providing personal information, you consent to such processing and you warrant that all information provided is true and accurate.
13. Site changes
(a) We may, but are under no obligation to, update the Site (wholly or partly) at any time. If the need arises, we may suspend or cease access to the Site, our social media pages or any websites linked to the profiles of third party providers.
(b) Any of the content or information provided on, or via the Site, our social media pages, or any websites linked to the profiles of third party providers may be out of date at any given time, and we are under no obligation to update it, unless required to do so by law.
14. Policies and guidelines
You shall comply with our policies and guidelines as applying from time to time.
15. Third party websites
(a) The Site may link to other websites, services, goods or resources on the Internet, and other websites, services, goods or resources may contain links to the Site. In this regard:
(i) these websites, services, goods or resources are not under our control and are not maintained by us.
(ii) we are not responsible for the content of those websites, resources, goods or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else).
(iii) we only provide links to third party websites, services, goods or resources for your information and convenience.
(b) Links, references or other connections to the websites, resources, goods or services mentioned in paragraph 15(a) do not imply any:
(i) endorsement of them; or
(ii) any association with their owners, operators or advertising material (as the context permits).
(c) Your linking to or from these sites, or use of, or reliance on, such websites, resources, goods or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites or third party suppliers that you visit or transact with.
16. Linking to our site
(a) You may link to our homepage, provided you obtain our prior written consent. You can request our consent by sending us an email at support@furnishd.com.au
(b) Your links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(c) You must not establish a link from any website that is not owned by you.
(d) The Site must not be framed on any other site, and you may not create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice
17. Intellectual property
(a) The following aspects of the Site and our social media pages are protected by copyright, trade mark and other intellectual property laws: information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features (collectively, IP Content).
(b) Without limiting the foregoing, we are the owner, or the licensee, of all intellectual property rights in the Site and the IP Content.
(c) Subject to paragraph 17(b), you may print off copies, and download extracts, of any pages from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
(d) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text.
(e) Any opinions, advice, statements, services, offers, or other information or content expressed or made available by visitors, users or third parties are those of the respective author, distributor or advertiser, and not us.
(f) You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Site, or any of our social media pages, for commercial purposes without obtaining an express licence to do so from us or our licensors.
(g) If you print off, copy or download any part of the Site or any of our social media pages in breach of these Terms:
(i) your right to use the Site and our social media pages will cease immediately; and
(ii) you must, at our discretion, return or destroy any copies of the materials you have made.
18. Disclaimers, limitation of liability and indemnity
(a) The IP Content displayed on or via the Site, our social media pages, any websites linked to the profiles of third party providers or any other links in relation to the goods or services contained therein are provided ’as is’ and without any guarantees, conditions or warranties as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose.
(b) It is your sole responsibility to determine that the Site meets your personal needs and is suitable for the purposes for which it is used.
(c) Best efforts are made to ensure accuracy of the information provided by us (whether on the Site or otherwise).
(d) To the full extent permitted by law, and without limiting the operation of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), we take no responsibility for:
(i) any errors and/or omissions advertised or published; and
(ii) any images, photos and/or descriptions of goods and services that differ from the actual goods and services.
(e) You acknowledge that descriptions and images (including lifestyle images) are for illustration, indicative or inspirational purposes only.
(f) The colours and characteristics of goods displayed or represented on, or via, the Site are as accurate and close to the actual colour and characteristic of the goods offered by us. However, the actual colour and characteristic of the good may differ from the Site, including because the depiction of colour is dependent on lighting and the qualities of your online device.
(g) All goods chosen are to be decided upon by you and it is your responsibility to check all measurements and specifications of goods before ordering. It is your responsibility to measure all access points and areas of the property (and surrounding areas) to confirm that all goods ordered will be able to be delivered to, and fit into, your property via the access points. Failure to do so may result in goods not being able to be delivered, or otherwise placed in the property, and we have no liability or responsibility in that regard.
(h) To the extent permitted by law, we, our directors, officers, affiliates, employees, partners and representatives, and third parties connected to us, hereby expressly exclude:
(i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(ii) any liability to you or any third person however arising (and whether arising under statute, in tort (for negligence or otherwise), breach of contract or otherwise, even if foreseeable) for:
(A) any loss of or damage to any property belonging to you or any third person, or personal injury or death to you or any third person;
(B) special, indirect or consequential loss or damage; or
(C) loss of income, revenue or profits, loss or interruption of business, loss of contracts, loss of anticipated savings, loss or corruption of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time, loss of opportunity or expectation loss, loss of production and for any other loss or damage of any kind, in any way connected with the Site, the goods or services, or in connection with the use, inability to use, or results of the use of the Site, any social medial pages and websites linked to it and any IP Content posted on, or via, the Site (or on, or via, our social media pages or any websites linked to the profiles of third party providers).
(i) Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions, or impose obligations on the supply of goods and services through or by means of the Site which cannot be excluded, restricted or modified except to a limited extent.
(j) If any such laws mentioned in paragraph 18(i) apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Australian Consumer Law, our liability is limited, and if any liability remains it will be limited to any one or more of the following in our discretion:
(i) in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
(ii) in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
(k) Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the price of the specific good or service giving rise to the claim, loss or damage, or USD$100 if you have not purchased anything.
(l) You agree to indemnify us, our directors, officers, affiliates, employees, partners and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, as a result of, or which is directly or indirectly related to:
(i) the use of the Site, our social media pages or any websites linked to the profiles of third party providers or any other goods or services accessed via, or associated with, the Site (or our social media pages or any websites linked to the profiles of third party providers);
(ii) a breach of these Terms; or
(iii) an infringement of any rights of another including privacy rights and intellectual property rights.
19. Customer support
We may provide you with customer support from time to time, at our sole discretion, provided that you submit your enquiries to support@furnishd.com.au
20. Viruses and hacking
(a) You must not:
(i) misuse the Site by knowingly introducing viruses, trojans, malware or other malicious or harmful material.
(ii) attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
(b) We will not be liable for any loss or damage caused by a virus, trojans, malware, system failures or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your:
(i) use of the Site;
(ii) downloading of any material or content posted on it, or on any website linked to it.
(c) We recommend that all Internet users always ensure they have up to date virus checking software installed.
21. Suspension and termination
(a) You agree that we may, at any time and at our discretion, with or without cause or any notice to you, terminate, suspend or block your access to:
(i) any Account or Password (whether chosen by you or allocated by us);
(ii) the Site (or our social media pages or any websites linked to the profiles of third party providers); and/or
(iii) any goods and services offered on, or via the Site, our social media pages, or any websites linked to the profiles of third party providers.
(b) Cause for such suspension or termination shall include:
(i) breaches or violations of:
(A) these Terms;
(B) our policies and guidelines (including our Privacy Policy); and
(C) any other agreements entered into between the parties;
(ii) requests by law enforcement or other government agencies;
(iii) discontinuance of the Site or any websites linked to the Site (or any part thereof); or
(iv) unexpected technical or security issues or problems.
(c) You agree that:
(i) all such suspensions or terminations shall be made at our discretion and
(ii) we shall not be liable to you or any third party for any such suspension or termination.
22. Force majeure
We shall not be responsible for any delay, suspension or failure to provide the Site (or any websites linked to the Site) arising out of any acts, events, omissions, accidents or circumstances outside of our reasonable control, including strikes, lock-outs or other industrial disputes, failure or breakdown of plant, machinery, software, hardware or communication network, act of God, natural disasters, pandemic, epidemic or other widespread threat to human health (including an outbreak or recurrence), sabotage, war or national emergency, riot, civil commotion, computer hacking, internet interruption or virus, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, explosion, flood, storm, default of hosting or data centre providers or other suppliers or sub-contractors, an act or omission of a third party and shortage of suppliers, equipment and materials.
23. General
23.1 No waiver
No waiver is effective unless it is expressly stated in writing by us to be a waiver. A waiver cannot be implied by conduct, delay or failure to act.
23.2 Severability
Any part of the Terms that is invalid, unlawful or unenforceable will be severed and the remaining parts will continue in force.
23.3 Entire agreement
The Terms (and all documents referred to in it) constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, negotiations, arrangements and agreements between them relating to the subject matter.
23.4 Assignment
We may assign or sublicense any of our rights or obligations under these Terms at any time.
23.5 No relationship
The Terms do not imply or create any relationship of agency, partnership, joint venture, employment or franchisor-franchisee between the parties.
23.6 Governing law and jurisdiction
The parties agree the Terms are governed by the laws of Victoria, Australia and submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Last updated: 16 April 2023
1. General
(a) This website (Site) is operated by HomePal Technology Pty Ltd (ACN 627 330 214) (we, us or our).
(b) Your privacy is important to us and we are committed to protecting your personal information in accordance with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (Privacy Act).
(c) This policy outlines how and when we collect, use, share and store your personal information and applies to all personal information we collect through:
(i) the Site; and
(ii) our products and services.
(d) By accessing or using the Site or any of our products or services, you indicate that you:
(i) have read and understood this policy; and
(ii) agree that your access to, or use of, the Site or any of our products or services indicates your consent to this policy.
(e) If you have any questions about this policy, you can contact us using these details:
Privacy Officer
support@furnishd.com.au
2. What personal information we collect
(a) Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information is true or recorded in a material form.
(a) We collect and use personal information from customers, authorised users or visitors of the Site, purchasers of our products or services, and any other individual who interacts with us.
(b) We collect and use different types of personal information depending on the type of dealing you have with us, which may include:
(i) your name, date of birth, address, phone number, fax number, email address and occupation;
(ii) information about the products or services you order or enquire about, including how the products or services are used;
(iii) your financial information (such as credit card and bank account details), method of payment and any additional information required for user authentication processes; and
(iv) any other information relating to you that you provide to us, including the information you provide by email or telephone, or through surveys, competition forms, at special events and other promotional activities.
(c) We do not collect your sensitive information (as defined by the Privacy Act).
3. Collection
3.1 Methods of collection
(a) We collect your personal information in several ways, including:
(i) through your use, or orders, of our products or services (and our records of these);
(ii) when you visit the Site or submit information through the Site, contact us, or complete any forms or documents for our products or services;
(iii) when you participate in our surveys, competitions, promotions, questionnaires or other promotional activities;
(iv) from third parties (which we discuss further in clause 4.2 of this policy); and
(v) from publicly available sources of information.
(b) The personal information we collect will track and enhance your use of the Site or our products or services, and assist us in providing a better service to you.
(c) We will only collect personal information that is necessary for one or more of our functions or for a purpose outlined in this policy or otherwise disclosed to you.
(d) By providing your personal information to us, you acknowledge that you are authorised to provide such information to us.
3.2 Collection from you
(a) When we collect personal information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.
(b) As a collection notice is specific to a particular collection of personal information, it will provide more specific information about our information-handling practices than this policy.
(c) This policy is subject to any specific provisions contained in our collection notices and the terms and conditions of any offers, products and services. We therefore encourage you to read those provisions carefully.
3.3 Collection from an authorised representative
(a) When we collect your personal information from your authorised representative, we will take reasonable steps to make sure you are aware of the collection.
(b) If you provide us with personal information about another individual (as their authorised representative), we rely on you to:
(i) inform them that you are providing their personal information to us; and
(ii) advise them that they can contact us for further information.
(c) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this policy, including that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to access that information, and who we are and how to contact us.
(d) Upon our request, you must also assist us with any requests by the individual to access or update the personal information you have collected from them and provided to us.
4. How we use your personal information
4.1 Purposes of use and disclosure
(a) We only use and disclose your personal information for the purposes for which it is collected.
(b) In particular, we use your personal information to:
(i) provide you with our products or services, or the Site;
(ii) improve, develop and manage our products, services and the Site;
(iii) operate, maintain, test and upgrade our systems; and
(iv) notify you of opportunities we think you might be interested in, including new product or service offerings.
(c) We may also use your personal information:
(i) to customise the advertising and content on our Site;
(ii) to provide information that we think may interest or benefit you, including information about the Site, offers, competitions, promotions, events and surveys;
(iii) to charge and bill you for our products and services;
(iv) to verify your identity;
(v) to conduct fraud, risk reduction and creditworthiness checks;
(vi) to perform research and analysis about our products, services and the Site;
(vii) to comply with regulatory or other legal requirements,
(viii) for any purpose to which you have consented; and
(ix) for any other purpose notified to you at the time of collection.
(d) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your personal information as part of the transaction, without your consent or notice to you.
4.2 Disclosure to third parties
(a) We may provide your personal information to:
(i) our employees, related entities, business partners, contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering our products, services or Site; and
(ii) third party service providers for the purpose of performing functions on our behalf, but those service providers may not process or use such information for any other purpose. Examples of these third-party service providers include, but are not limited to, marketing and analysis organisations (eg SendGrid, Adwords, Bing Ads, Twitter, Facebook, Pinterest, AppNexus, Taboola and Outbrain), financial and credit card institutions to process payments (eg Stripe and PayPal), hosting companies, web developers, internet service providers, customer service providers, customer support specialists, fulfilment companies, research and data analysis firms (eg Google Analytics, Firebase and Google Places), external business advisors (including auditors and lawyers) and our insurer,
(collectively, Authorised Affiliates).
(b) When we disclose your personal information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
(c) Our Authorised Affiliates may also provide us with personal information collected from you. If you disclose personal information to an Authorised Affiliate, we rely on you to provide the Authorised Affiliate with consent for us to collect, store, use and disclose your personal information.
(d) We may also disclose any personal information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
4.3 Overseas disclosure
(a) Our Authorised Affiliates may be located in or outside Australia.
(b) Before we disclose your personal information overseas, we will take reasonable steps to ensure that our overseas Authorised Affiliate:
(i) treats your personal information securely; and
(ii) complies with the relevant APPs.
(c) By accessing or using our products, services or Site, or providing your personal information to us, you explicitly and freely consent to the transfer of your personal information to our overseas Authorised Affiliates.
(d) If you do not wish to receive information from any of our Authorised Affiliates, please contact us.
4.4 Disclaimer
(a) We will not disclose your personal information to any third party (other than our Authorised Affiliates) without your written consent, unless:
(i) we are otherwise required by law;
(ii) we are permitted to under this policy; or
(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Site.
(b.) This policy only covers the use and disclosure of information we collect from you. The use of your personal information by any third party is governed by their privacy policies and is not within our control.
5. Storage and security
5.1 Protecting your personal information
(a) We take reasonable steps in the circumstances to keep your personal information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your personal information. We also use SSL (Secure Socket Layer) encryption when transmitting payment information.
(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your personal information.
(c) Wherever possible, we procure that Authorised Affiliates who have access to your personal information take reasonable steps to:
(i) protect and maintain the security of your personal information; and
(ii) comply with the relevant APPs when accessing and using your personal information.
5.2 No guarantee
(a) The transmission of information via the internet is not completely secure. While we do our best to protect your personal information, we cannot guarantee the security of any personal information transmitted through the Site.
(b) You provide your personal information to us at your own risk and we are not responsible for any unauthorised access to, and disclosure of, your personal information.
5.3 Destruction of personal information
We will destroy or de-identify personal information where it is no longer required, unless we are required or authorised by law to retain the information.
5.4 Suspected data security
(a) We have a comprehensive data breach notification policy and response plan (Response Plan), which outlines the steps our personnel are required to take in the event of a data breach. This allows us to identify and deal with a data breach quickly to mitigate any harm that may result.
(b) As part of the Response Plan, we will notify you as soon as practicable if we:
(i) discover or suspect that your personal information has been lost, accessed by, or disclosed to, any unauthorised person or in any unauthorised manner;
(ii) believe that you are likely to suffer serious harm as a result; and
(iii) are unable to prevent the likely risk of harm.
(c) If you would like more information about our Response Plan, please contact us.
6. Direct marketing
(a) We may use your personal information to send you information, including about our product and service offerings, where you have provided your consent (expressly or impliedly) for us to do so or we are permitted to do so by law.
(b) We may send this information to you via the communication channels specified at the time you provide your consent. These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying advertising on our Site.
(c) These communications may continue, even after you stop using our products or services.
(d) You can opt out of receiving these communications by:
(i) contacting us; or
(ii) using the unsubscribe function in the email or SMS.
7. Links to other sites from our Site
(a) Our Site may contain hyperlinks or banner advertising to or from third-party websites.
(b)We do not endorse any of these third parties, their products or services, or the content on these websites.
(c) These websites are not subject to our privacy standards, policies and procedures. Therefore, we recommend that you make your own enquires about their privacy practices.
(d) We are in no way responsible for the privacy practices or content of these third-party websites.
8. Cookies
(a) We may collect information when you access and use our Site by utilising features and technologies of your internet browser, including cookies, beacons, tags, scripts and similar technologies. A cookie is a piece of data that enables us to track and target your preferences.
(b) The type of information we collect may include statistical information, details of your operating system, location, your internet protocol (IP) address, the date and time of your visit, the pages you have accessed, the time spent on those pages, the links which you have clicked, the type of browser that you were using, unique device identifiers, and diagnostic data.
(c) We may use cookies, beacons, tags, scripts and similar technologies to:
(i) enable us to identify you as a return user and personalise and enhance your experience and use of our Site; and
(ii) help us improve our service to you when you access our Site and to ensure that our Site remain easy to use and navigate.
(d) Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or warn you before accepting cookies.
(e) If you reject our cookies or similar technologies, you may still use the Site but may only have limited functionality of the Site.
(f) We may also use your IP address to analyse trends, administer the Site and other websites we operate, track traffic patterns and gather demographic information.
(g) Your IP address and other personal information may be used for credit fraud protection and risk reduction.
9. Access
(a) We will use our reasonable endeavours to keep your personal information accurate, up-to-date and complete.
(b) You have the right to access any personal information we hold about you, subject to some exceptions provided by law.
(c) You can access, or request that we correct, your personal information by writing to us. We may require proof of identity.
(d) If we do not allow you to access any part of your personal information, we will tell you why in writing.
(e) We will not charge you for requesting access to your personal information but may charge you for our reasonable costs in supplying you with access to this information.
10. Consent
You acknowledge and agree that we, our Authorised Affiliates and each of their officers, employees, agents and contractors are permitted to collect, store, use and disclose your personal information in accordance with this policy and the Privacy Act.
11. Changes to the policy
(a) We may change this policy from time to time at our sole discretion.
(b) Any revised policy will be posted on our Site and effective from the time of posting.
(c) Your continued use of our products, services or the Site following the posting of any revised policy indicates your acceptance of the changes to the policy.
(d) You should regularly check and read the policy.
12. Further information
Further information about Australian privacy law is available from the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
13. Complaint
(a) If you have any issues about this policy or the way we handle your personal information, please contact us using the details below and provide full details of your complaint and any supporting documentation.
(b) At all times, privacy complaints:
(i) will be treated seriously;
(ii) will be dealt with promptly;
(iii) will be dealt with in a confidential manner; and
(iv) will not affect your existing obligations or your commercial arrangements with us.
(c) Our Privacy Officer will endeavour to:
(i) respond to you within 15 business days; and
(ii) investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.
Last updated: 16 April 2023
1. Where we deliver
(a) Furnishd. (or “We”, “Us”) delivers to most locations in Australia.
(b) The cost of delivery is calculated using the size and weight of your order and the postcode it is going to. This cost is shown during the checkout process and included in the total price of your order.
(c) There are a small number of remote Australian locations that we are unable to deliver to. If you place an Order for Delivery to an unserviceable location, we will contact you and refund any amounts paid.
(d) We are unable to deliver to PO Box or Locker addresses.
(e) We do not provide international delivery options.
2. Delivery times
(a) Delivery times may vary depending on the city of destination, the method of freight selected and stock availability.
(b) If you’re not at the delivery address or otherwise able to accept the deliver, at the time of delivery, small items (eg fragrances, cushions and throws) will be left in a safe spot at your property.
(c) Furniture deliveries will require a signature upon receipt. If you can’t be there and wish to give an Authority to Leave for the courier, please contact us on support@furnishd.com.au
(d) In order to meet their delivery schedules, for large furniture items the couriers will contact you to arrange a specific day for delivery. If the suggested delivery date is not suitable, please advise the courier to arrange an alternate date.
(e) Any delivery time or date given by us to you is an estimate only. You must still accept delivery of the goods even if late and we will not be liable for any loss or damage incurred by you, or anyone else, as a result of the delivery being after the estimated delivery time.
3. Risk in products
(a) Risk in the goods passes to you on delivery. We do not accept liability for any loss, theft or damage to the goods after delivery or the time when the goods are left at your property (as the context permits).
(b) You must take delivery. In the event that you are unable, or refuse, to take delivery of the goods as arranged then we will pass on any additional courier, storage or other charges that may apply, including those based on new delivery arrangements.
(c) To the maximum extent permitted by law, we shall not be liable to you or to any other person for any loss or damage that may be suffered, as a result of any act or omission, whether negligent or otherwise, by us, or the delivery agents or couriers, in relation to the loss or damage to any delivery item, parcel, good or otherwise, including:
(i) where it is left at the delivery address in any location as requested;
(ii) where it is left at a delivery address in a manner that is inconsistent with the delivery instructions; or
(iii) where it is not left at the delivery address, and requires re-delivery.
4. Delivery details
(a) It is important that you verify that your information is correct and accurate, including the delivery address. If the address provided is incorrect and the package is returned, you may be invoiced for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us.
(b) We also require a contact phone number, which may be used by the courier to arrange delivery.
(c) We reserve the right to pass on applicable charges to you if you provide incorrect or incomplete information, such as the address or contact number.
(d) We may deliver the goods in separate consignments.
5. Contact
In case you have any queries concerning our delivery policy do not hesitate to contact us at support@furnishd.com.au
Last updated: 16 April 2023
1. Background
Furnishd.(ACN 627 330 214) (Furnishd. or we) supplies various goods, including appliances, decorations, furniture and lighting and we want you to be completely satisfied with your purchase.
Furnishd will coordinate the distribution and delivery with the supplier of each of your selected items within the delivery time frame specified by your personal shopper at time of purchase.
We recommend you read our returns policy prior to making a purchase from Furnishd., so you are familiar with:
(a) our policy on refunds, returns and repairs; and
(b) your rights under the Australian Consumer Law (ACL).
2. Change of mind
Please choose carefully when you buy. We strongly recommend that you check the product’s details online or in person at our supplier’s showrooms, whichever is applicable to you, before purchasing the products. This is to ensure client and designer expectations are met, if you require a swatch/sample, please contact us. Any expectation discrepancies in colour, material or structure therefore become the responsibility of the purchaser, and in buying through us you agree to have checked the product or agree to these terms? At our discretion we may begin a customer concern application on your behalf, in this instance we will arrange the best outcome as our ability allows.
You do not automatically get an exchange or refund for simply changing your mind or making an incorrect purchase. We may, as per each supplier’s policy, decide to agree to this on a case-by-case basis. We will, to the best of our ability, suggest alternate options to address any concerns, however any associated costs remain the responsibility of the purchaser.
Return of any goods that are not damaged or faulty, including associated return shipping costs, remain the responsibility of the purchaser.
3. Delay in delivery of your products
We will not be liable for any delay in performing any of its obligations including where any delay is caused by suppliers beyond our reasonable control.
We will use reasonable endeavours to co-ordinate with our suppliers to meet the estimated delivery date.
4. Consumer Guarantees
Where the ACL applies, our goods come with guarantees that cannot be excluded under the ACL, which cannot be excluded, including guarantees that the products will be of acceptable quality (Consumer Guarantees).
You are entitled to a replacement or refund for a major failure (the product is unsafe) and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made.
5. Remedies available
All products sold by Furnishd. come with warranties provided by the manufacturers. We will arrange for the repair or replacement (at our discretion) of any defective parts of goods or defective goods directly purchased from us.
Many manufacturers have dedicated support centres designed specifically to deal with issues in relation to their products and may even provide in home support and advanced troubleshooting. You may therefore prefer to contact the manufacturer direct rather than Furnishd., although you are not obliged to do this.
If we elect to replace the defective goods, we will replace the goods with the same type of goods or a comparable or close equivalent, taking into account features, quality, specifications and availability of the goods.
If Furnishd. is unable to repair or replace the defective goods, we will provide you with credit for the value of the price paid for the goods, unless we are required to provide a refund under the ACL.
6. Conditions for claiming a refund
To claim a refund or a credit, the following additional conditions must be met:
(a) you must have installed the goods properly;
(b) you must have used, handled, installed, maintained and operated the goods in accordance with our instructions and, if applicable, the manufacturer’s instructions, in normal environmental conditions;
(c) you must provide us or our agent, at our request, with easy access to the goods and any fixtures used to operate them;
(d) you must be the original purchaser of the goods from us;
(e) you must provide proof of purchase of the goods (eg order number, receipt or invoice); (f) you must follow the claim procedure outlined in section 6 below; and
(g) the goods must not have been subject to accident, neglect, abuse, abnormal use or stress (such as operating the goods in environments in excess of recommended temperatures, excessive switching cycles and operating hours), misuse, acts of God, improper installation or storage, fire, vandalism or other force majeure event.
7. Claims procedure
You should follow the following steps to make a claim for refund or credit: (a) contact the Furnishd. customer support team on support@furnishd.com.au during business hours: 9 am to 5 pm, Monday to Friday.
(b) Provide original proof of purchase of the goods (eg order number, receipt or invoice); and
(c) provide complete details about the issues you are experiencing with the goods.
Furnishd. needs to be satisfied that the product is faulty, the cause of the fault and that the problem with the goods was not your fault.
Furnishd. reserves the right to have returned goods assessed within a reasonable timeframe by the manufacturer to determine this, including whether the goods are defective or simply require some form of basic troubleshooting. Where a product is damaged through misuse, accident or abnormal use, the ACL or any manufacturer’s warranty may not apply, and Furnishd. may choose not to provide a refund, exchange or repair (if applicable)
8. Limitations
Furnishd.’s returns policy does not cover the following:
(a) costs associated with return freight, transportation or delivery of the goods, unless expressly authorised by us at our discretion;
(b) costs associated with the installation and dismantling of the defective goods, or re-installation of the repaired or replaced goods;
(c) any damage to, or loss of, goods that occurs during transportation, installation, dismantling or re-installation of the goods;
(d) any physical damage to the goods that is not caused by us;
(e) damage to goods caused by misuse or negligence, whether accidental or intentional, including damage caused by failure to routinely maintain the goods;
(f) fair wear and tear, including but not limited to, rusting, corrosion or mould; and
(g) repairs carried out by repair agents that are not expressly authorised by us.
Despite the above, we may be required to pay some of the above costs under the ACL.
9. Contact us
For any questions about Furnishd.’s returns policy, please contact us on support@furnishd.com.au
Last updated: 16 April 2023